The D.C. Court of Appeals will re-litigate the District’s ban on magazines that can hold more than ten rounds, after a three-judge panel on the court ruled the ban unconstitutional.
LEGAL ALERT: The DC Court of Appeals has granted the en banc petition in a case where the 3-judge panel struck down the district’s magazine ban, which means the entire court will rehear the case. pic.twitter.com/fZRx9D0k53
— Firearms Policy Coalition (@gunpolicy) April 23, 2026
A number of anti-gun attorneys general around the country submitted amicus briefs in support of the D.C. government’s request for a re-hearing, but the U.S. Attorney for D.C. raised some eyebrows when she too asked the court to grant the en banc request, even though her office hasn’t prosecuted violations of the magazine ban for more than six months.
U.S. Attorney Jeanine Pirro’s motion suggested that some capacity on magazine size might be constitutional, but Pirro was more concerned about the panel’s decision and its impact on D.C.’s gun registration law and ammunition restrictions. The panel threw out Tyree Benson’s charges for possessing a “large capacity” magazine, but also held that Benson could not have legally registered his handgun with the District because it was equipped with an illegal magazine, and tossed those charges as well.
The judge, however, gave D.C. a roadmap on how to enforce those statutes while keeping the magazine ban on ice, and the Metropolitan Police Department has taken those steps in order to keep enforcing the registration requirements. Pirro’s concerns were essentially moot by the time she asked the appellate court for an en banc review, but many Second Amendment advocates (including myself) were also critical of Pirro’s support for the gun registration and ammo restrictions to begin with.
Unsurprising after Pirro’s betrayal.
Guess we are back to waiting on the Third Circuit. https://t.co/IndQGZwyEj
— Kostas Moros (@MorosKostas) April 23, 2026
Technically, the D.C Court of Appeals decision didn’t create a circuit court split because its a court of local jurisdiction, with the D.C. Circuit Court of Appeals serving as the federal appellate court for D.C. Still, the Benson case generated nationwide interest, and if the court had allowed the matter to rest with the panel’s decision intact, Benson would be cited in virtually every magazine ban case going forward.
The decision to take Benson en banc doesn’t guarantee that the full Court of Appeals will reverse the panel’s decision, but the odds are overwhelmingly in favor of reversal. Presumably, the court wouldn’t have granted the request unless the votes to reverse were already there.
As Moros says, now we’ll have to wait for the Third Circuit’s decision in ANJRPC v. Platkin to be released. That opinion, which could come out at any time, is expected to say New Jersey’s ban on “assault weapons” and “large capacity” magazines violates the Second Amendment, which would create a legitimate circuit court split.
To be fair to Pirro, the D.C. Court of Appeals was probably already leaning towards granting the District’s en banc request even before she asked them to do so. Once she made it clear that she supported the District’s request, though, an en banc review was virtually guaranteed. At the very least it was an unforced error on the part of the U.S. Attorney, but given Pirro’s past statements and support for gun control laws (including bans on so-called assault weapons), it’s easy to understand why so many 2A supporters see her request as an outright betrayal of the DOJ’s professed support for and defense of the Second Amendment.
Editor’s Note: Unelected federal judges are hijacking the Second Amendment and insulting the will of the people.
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